sanjay
17 December 2010 at 11:03
Dear experts,
This is a very unique case and we seek legal opinion .
A person is arrested by police on complaint of a person whose entire family is in police - at police station, he is kept the whole day and asked to write a statement that he owes Rs. 12 lakh to complainant and will pay it and settle it amicably. Police have filed FIR u/s 420 and 406 against the person . they tell him that he will be released if he makes this statement and is denied access to lawyers .
Police produce him before duty magistrate at 5 p.m. meanwhile his wife gets to know about this arrest and rushes to police station and to court and calls up a lawyer who comes directly to the magistrate court. The person gives undertaking before court without consulting his lawyer that he will settle and pay 12 lakhs in 7 days - court gives him interim bail .the complainant was paid 1 lakh immediately with the understanding that remaining 11 lakh will be paid within 7 days.
This amount that the complainant is demanding is extortion and for fearing of being remanded to judicial custody for even a single day , the person gave the undertaking before the court . He was not aware that he cannot approach court to amend terms of bail.
Regular bail application is pending before court and the person has offered to deposit the amount of 11 lakh before court and that he be allowed to prove his innocence and that this amount not be given to complainant pending trail. The complainant is contending that since conditional bail was given on the undertaking that accused person will pay 11 lakh , the accused cannot go back on his undertaking and if he does not pay up , his interim bail be cancelled and the accused be sent to prison.
There is heated argument going on between both parties and the matter is kept pending by the concerned judge - every 3 days interim bail is extended for more arguments and now the accused is in interim bail for more than 20 days .
Need help from experts regarding similar cases and any high court / supreme court judgement on such a matter.
Sarvesh Kumar Sharma Advocate
17 December 2010 at 10:54
respected all,
in a gambling case police recover the money from the table ,is there any procedure to release the money from the court during the pendency of the case.
Mahender Jain
17 December 2010 at 09:49
I m working in a Corporate Office,
Company estblishing camera in every room, every corner which also catch Voice Recording.
in Such a Case, if i receive any personal call and on call i talking about some personal secret debate,and all that will be recorded
and in other case, most official mail also received on personal mail id, where password of my mail id will be recorded in camera
in both case, company can misuse the personal things and misuse my personal mailid after knowing my password and not only company any other person in company ( as recording will be for six month) can misuse these So in such case What action we can take what how.
in all above is Camera should be allowed in office
and is company should be liable for any misuse of employee personal data by any otherone
Sukumar
16 December 2010 at 23:46
hi,
Some group of the people attacked me and My cousin and injured my cousin with a sharp rock on his head. But unfortunately the person atatcked is rowdy sheeter , therefore witness 1 & witness 2 had given false statements. Only me and one of my other cousin(3rd witness) had given in support of the case. Lower court had given in favour of the other party.
Could any of the exper suggest me how I can appeal in the higher court which is lesser than district court. And I am planning to go for applying Narco test on opposite party or on Witness etc.
Please advise me. Here an educated person can't do anything against a rowdy sheeter. This is the situation here.. Please help me for justice.
Regards,
Sukumar
9000666141
karan
16 December 2010 at 23:29
Sir Could you please tell me whether letter head of registered trust is a valuable security? is their any judgement on this point? its very urgent.
Piyush Kapoor
16 December 2010 at 18:45
I just wanted to query that in case of forgery acts such as 471, 476, 478 etc. can trial be made on the basis of only photocopies without being existence of original ones.
Since in photo state copies any thing could cut and pasted anywhere. So, is it possible to have trial on the basis on only photo copy documents.
piyushkapoor7@yahoo.com
Anonymous
16 December 2010 at 18:32
Hello to all and thanks to all who help me in my last query.
i need help regarding the authority that sec- 205 cr.p.c is a interlocutory order and not revision able under sec. 397 (2) cr.p.c i check a lot of authority which says interlocutory order is not revisionable but whether that include sec- 205 i find a few but too old and also of High court if possible then please i need supreme court and latest one. My argument on this point is on Saturday so please it will be a help to me. Thanks a lot .
Atul Kumar Khare
16 December 2010 at 16:25
Situation:
A passenger takes 2nd class unreserved journey ticket and performs journey exactly as per all the details printed on the ticket. Still, when he arrives at the destination station, the railway staff penalises him for violation of Section 55 and 138 of Railway Act (journey without PROPER ticket).
Railway's staff says that, that particular train was restricted for journeys of less than certain distance on specified portions of the train's route.
Passenger's Stand:
No such information on the ticket, ticket window or train and he has complied to all the information provided to him in the ticket.
My questions:
(1) Is it justified to penalise passenger in above situation?
(2) Whether violation of Section 55 has been done.
Please give your CLEAR opinions.
-Atul Kumar Khare
Atul Kumar Khare
16 December 2010 at 16:22
Please read the following rule rule from Western Zonal Railway Time Table:
"This Zone has imposed distance restriction on certain long distance and superfast trains, to restrict short distance passengers from boarding these trains and encroaching upon accommodation earmarked for long distance passengers. However, short distance passengers can be booked in advance on these trains to the extent of intermediate station quota. Ticket checking staff on the station or on the train can allow passengers to travel against vacant accommodation, irrespective of the distance restriction, provided the passenger is holding a journey ticket for or short of the station upto which accommodation is available. Distance restrictions vary from train to train and are applicable to certain section of the journey."
Please note that any mention of this rule is not made in unreserved tickets and advance reservation tickets.
My Questions from leagal point of view:
Does this rule expressly mean that no short-distance passenger should board the distance-restricted trains?
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Discharge Application
Sir,
In a CBI case relating to PC Act, 1988, if a person files a discharge application, Before framing the charges.
While referring to any documents filed with the chargesheet, does it amount to accepting the documents.
Even for pointing out technical or factual errors in the chargesheet, I feel that in the discharge application that some documents filed with the chargesheet have to be referred. In that context, whether the cbi can say, at the time of trial stage, if not discharged, that the documents are not disputed by the accused..?
Thank You,